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Recommended ways to proceed----

1)File a strong reply to the the modification petition---Demand strict proof of illness .Request the court to order a medical evalution if his claim seems exaggerated .Emphasize that your children's school expenses food, and clothing needs have increased,not decreased ,over the last two years.

2)Reject or counter -negotiate the Rs/- 15 lakh Offer-- Do not rush into accepting this amount out of fear that the monthly maintenance will be stopped.If you prefer a one

Since it was an ex-parte decree ,under the changed circumstances the husband can apply to the court under section 127 of CRPC for modification of the earlier order.In that event the court can modify the earlier order upon satisfaction of the proof of the material facts may pass an order of reduced maintenanace ,considering the present income,total savings as on date ,but it may not drastically reduced in such an amount which may leave the wife helpless and in destitute condition.

Dear Client,
Agar Section 13B ke tahat Mutual Consent Divorce file karne ke baad, agreement hone ke bawajood husband Second Motion ke samay jaanbujhkar delay karta hai, to case automatically contested divorce mein convert nahi hota.

Basically,
1. Section 13B mein dono parties ki mutual consent Second Motion tak zaroori hoti hai.

2. Agar husband consent wapas le leta hai, to Mutual Divorce decree pass nahi hogi.

3. Sirf delay karne par Court facts aur circumstances dekhkar appropriate directi

Dear Client,
Then wait for 90 days as your lawyer advised. Your husband has 90 days to challenge the ex-parte order in the Family Court under BNSS, appealing to the High Court now is premature and it may dismissed. If he does not contest it within 90 days, you can safely appeal for an increase, Meanwhile, file an execution petition immediately.

Dear Client,
You must file an appeal in the High Court within 30 days , Because the order was passed ex-parte, you must present concrete proof of your husband's income to convince the High Court to increase the maintenance. for ore legal advice you must consult an advocate.

Dear Client,

You can legally approach the High Court to seek a modification or reduction maintenance order based on "change in circumstances" which is a valid ground under Section 146 of the BNSS .

To succeed, you must file a formal modification petition accompanied by convincing evidence, including official employment termination showing you are no longer return to your Gulf job. The court will reassess the maintenance amount based on your drastically reduced earning capacity. You shoul

Dear client,

No, it is not automatically from the High Court filing date. The High Court can make the enhanced amount effective from the original Family Court application date, but it depends on the exact order and the nature of the proceedings.


The Supreme Court in Rajnesh v. Neha has recognised that maintenance can, depending on the applicable provision and circumstances, be made payable from the date of application rather than merely from the date of the order. More recently, the Supreme C

Dear Client,

If your husband is verbally abusive, throws things in anger, or physically hits you, these acts can constitute domestic violence and cruelty. You are not legally required to return to the matrimonial home simply because your parents or in-laws insist that you do so.

You can stay separately at a safe place, including with your brother or in a PG. Simply leaving the matrimonial home does not amount to “running away” or make you legally at fault. It is advisable to keep evidence

Dear Madam'

Mental cruelty could be considerably more relevant

Your facts are more interesting from the cruelty perspective.

You say that:

you have been married for 8 years;
throughout the marriage you have essentially lived together only during short periods;
he went to Canada about 5 years ago;
the understanding was apparently that if his Canadian employment worked out, he would subsequently bring you there;
despite this, after 5 years he continues to refuse to make arrangements for you to

Dear client,

Yes. If your wife has filed an appeal before the High Court seeking enhancement of the maintenance awarded by the Family Court, you can oppose her appeal and seek reduction of the maintenance if there are valid grounds.

The safer course is to file your own appeal/cross-appeal or cross-objection, as legally maintainable in the particular proceeding, rather than merely asking for reduction in your written objection. There are cases where the husband has filed a separate cross-appeal